remarried, Wheaton divorce attorneysWhile the divorce rate seems to have stabilized in recent years, and may even, in fact, be falling, nearly one million American marriages are legally dissolved each year. Many individuals, however, are unwilling to give up entirely on the idea of marital happiness. According to a study conducted the Pew Research Center, fully 40 percent of all new marriages include at least one partner who has been previously married. Two in ten are marriages between partners who have both been married before. The study also indicated that nearly 60 percent of all divorced or widowed adults will remarry.

These statistics, it would seem, paint a rather optimistic picture of the American approach to marriage, despite the ever-present possibility of divorce. There are, however, a number of legal issues that may impact a remarriage more significantly than a first marriage. With the help of a qualified family law attorney, you and your spouse should be able to address these concerns and prevent them from becoming bigger problems:

  • End of Alimony: If you are receiving spousal maintenance payments from your ex-spouse, those payments will most likely end when you get remarried. In fact, cohabitation with your fiancé before your marriage could constitute grounds for terminating spousal support.
  • Child Custody and Visitation: There are no explicit provisions in Illinois law about changing your parental arrangements or parenting time arrangements when a parent gets remarried. However, many such considerations are based on the circumstances of the case and how they impact the child’s well-being. Changing circumstances can precipitate modifications to existing orders.
  • Child Support: In most situations, a remarriage alone will not impact child support agreements. The child’s parents remain responsible for the care of the child, regardless of the addition of new spouses. A parent who is required to pay support might see his or her obligation decrease if he or she were to have a child with the new spouse, but the reduction is not often significant.
  • Decisions Regarding Inheritances and Legacy Gifts: If you own property or valued possessions, you will want to decide prior to remarriage what your intentions are regarding them after your death. Will they be left to your children from your first marriage or to your new spouse? A prenuptial agreement can help you put such concerns to rest before you say “I do” again.

Contact a Wheaton Divorce Lawyer

As with many legal situations, there may be exceptions to any general rule, so the information presented above should serve merely as a helpful reminder of things to consider and not definitive advice. For more information about the potential implications of remarriage, contact an experienced family law attorney in DuPage County. The team at Stock, Carlson, Oldfield & McGrath LLC will review your case and help you fully understand the applicable laws as you prepare for the next stage of your life. Call 630-665-2500 for an appointment.

 

Sources:

https://www.pewsocialtrends.org/2014/11/14/chapter-2-the-demographics-of-remarriage/

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

Posted in DuPage County Divorce attorney, Family law | Tagged , , , , , , |

change, Wheaton divorce lawyerAny difficult decision is bound to leave a person having second thoughts. In fact, if you did not have second thoughts, the decision was probably not very difficult in the first place. With that in mind, the decision to pursue a divorce is likely to be among the most difficult choices you will ever make. Despite billboards or websites that promise to help simplify your divorce, the fact remains that ending your marriage is a significant life event that will change you and your family forever. If you have considered the possibility of filing for divorce, it is important to allow yourself the space and time to think through all of your options before you make any decisions that cannot be undone.

Know the Law

It is commonly repeated that half of all marriages in America will eventually end through divorce. While many experts suggest that this figure is an over-exaggeration, divorce is certainly not rare. Illinois law, however, generally seems to take divorce more seriously than the average person does. The statute that governs divorce in the state—the Illinois Marriage and Dissolution of Marriage Act—does not guarantee a quick dissolution of marriage simply because a person files a petition for divorce. Under the law, an Illinois court will only grant a divorce if it finds that the marriage has broken down beyond repair due to irreconcilable differences between the spouses. Before filing for a divorce, you need to be certain that you are making the right choice.

No Taking It Back

When you are considering the possibility of a divorce, it is important to keep in mind that once the court has entered a judgment for the dissolution of your marriage, it is too late to change your mind. If the challenges of the divorce process have made you reconsider your decision, and you want to give your relationship another chance, you need to let the court know before the final decree is issued. Changing your mind about the divorce will not be valid grounds to ask the court to vacate its judgment of divorce. By law, you would be free to remarry your ex-spouse, but the provisions of your divorce decree would still apply.

Discuss Your Situation With a Wheaton Family Law Attorney

For more information the divorce process in Illinois, contact an experienced DuPage County divorce lawyer at Stock, Carlson, Oldfield & McGrath LLC. At our firm, we have helped many families in Illinois obtain favorable divorce outcomes in even the more challenging cases. Call 630-665-2500 for a confidential consultation with a member of our team today.

 

Source:

http://www.today.com/health/thinking-about-getting-divorce-ask-yourself-these-6-questions-first-t82331

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

Posted in Divorce, DuPage County Divorce Lawyer | Tagged , , , , , |

child support, Wheaton family lawyerChild support is designed to help a child of divorced or unmarried parents to benefit from both parents’ financial support. Illinois considers it the right of the child to receive child support, so support payments are totally separate from issues of parental responsibility and parenting time. If you are a parent who is getting divorced or you share a child with someone you are not currently married to, you probably have several questions regarding child support.

If you are the parent with less parenting time, you may be wondering how much your support payments will be. If you are the parent with the majority of the parental responsibilities, or the custodial parent, you likely want to know what you will receive in child support. As with many aspects of family law, the issue of child support calculation can become complex.

Income Shares Model is Used to Calculate Child Support in Illinois

The laws regarding child support in Illinois have changed dramatically in recent years. Previous to July 2017, child support amounts were almost entirely dependent on the paying parent’s income. Now, the amount that a parent pays in child support is calculated based on the Income Shares Model. This is a more comprehensive means of calculating support that takes both parents’ income and financial circumstances into consideration. The new model also takes shared parenting into account. If a child spends at least 146 overnights a year with each parent, the method of calculating child support is slightly different.

What Is Considered Income During Child Support Calculations?

It is important for parents to understand what can be considered “income” under the Income Shares model and what financial resources are not considered income. When calculating income for child support orders, Illinois courts most often include funds from:

  • Salaries and earnings;
  • Tips and bonuses;
  • Unemployment insurance and disability insurance benefits;
  • Interest from investments;
  • Capital gains;
  • Pensions;
  • Trust or estate income;
  • Contractual agreements;
  • Military personnel fringe benefits;
  • Social Security benefits;
  • Veterans’ benefits;
  • Workers’ compensation benefits;
  • Gambling winnings;
  • Gifts;
  • Spousal support from a previous relationship; and
  • Certain employment benefits including subsidized housing or a company car.

In short, income from any revenue source can be considered when calculating child support. It is important to understand, however, that child support calculations are based on each parent’s net income. According to Illinois law, net income is a person’s total income from all revenue sources minus allowable deductions for state and federal taxes, as well as Social Security and Medicare taxes.

Contact a Wheaton, Illinois Divorce Attorney

At Stock, Carlson, Oldfield & McGrath LLC, we realize that child support proceedings can be complicated and stressful, but we are equipped to help you find solutions. Contact an experienced DuPage County family law attorney to discuss your case. Call 630-665-2500 for an appointment.

 

Sources:

https://www.illinois.gov/hfs/ChildSupport/parents/Pages/IncomeShares.aspx

http://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=2086&ChapterID=59

Posted in Child Support | Tagged , , , , , , , |